12(1)In this Schedule “at a material date” means at either of the following dates—N.I.
(a)the date of the passing of this Act; and
(b)(subject to sub-paragraphs (2) and (3)) the date by reference to which this Schedule falls to be applied to the particular case in question.
(2)Sub-paragraph (1)( b) shall not apply in relation to any use of land in respect of which before the date mentioned in that sub-paragraph, the planning authority have made an order under section 4(1)( b) of the Act of 1944 prohibiting that use [F1 or an enforcement notice under [F2section 138 or 139 of the Planning Act] served before that date has become or becomes effective].
(3)Sub-paragraph (1)( b) shall not apply in relation to any buildings or works in respect of which, whether before or after the date mentioned in that sub-paragraph, the planning authority [F1 or the Ministry] have become, or become, entitled, under a notice served under the Schedule to the Act of 1944 [F1 or under the [F3Planning Act]] before that date, to take any action under section 4(1)( a) of that Act in accordance with that section and that Schedule [F1 or [F4that Act]].
F2Words in Sch. 1 para. 12(2) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 4 para. 8(b) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
F3Words in Sch. 1 para. 12(3) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 4 para. 8(c)(i) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
F4Words in Sch. 1 para. 12(3) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 4 para. 8(c)(ii) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)